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SMITH v. MITCHELL

No. 04-55831.

624 F.3d 1235 (2010)

Shirley Ree SMITH, Petitioner-Appellant, v. Gwendolyn MITCHELL, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

October 29, 2010.

Attorney(s) appearing for the Case

Michael J. Brennan , Manhattan Beach, CA, for the petitioner-appellant.

Lawrence Daniels , Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: HARRY PREGERSON and WILLIAM C. CANBY, JR., Circuit Judges, and EDWARD C. REED, JR., Senior District Judge.

OPINION

PER CURIAM:

This case is before us on remand from the Supreme Court for the second time. We reiterate the facts and course of litigation very briefly; a fuller exposition may be found in our earlier opinions and orders that we cite here.

I

Shirley Ree Smith was convicted in California state court of assault on a child resulting in death. The state court of appeal affirmed her conviction, and the California Supreme Court denied review...

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